Majority
p. 816Joseph P. Oates, Appellant, v City of Niagara Falls, Defendant, and O’Brien-Kreitzberg & Associates, Inc., Respondent. [710 NYS2d 286]
Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Koshian, J. (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Summary Judgment.) Present — Green, J. P., Hayes, Kehoe and Lawton, JJ.